(A) Location. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. Rules parts 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
(B) Undergrounding. As required by the city’s Development Code, Ch. 3, § 13.14 (Utilities), all facilities in the right-of-way must be located or relocated and maintained underground. This regulation does not apply to small wireless facilities or micro wireless facilities.
(C) Limitation of space. To protect the health, safety, and welfare of the public, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making the decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. The city shall provide written findings to a registrant in connection with the prohibition of new or additional facilities within the right-of-way.
(Ord. 204, passed 12-18-2018)